Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-4-3 - Lead Acid Battery Handling, Storage and Disposal Requirements3.1. Certain Disposal Prohibited. -- After the first day of June 1994, it shall be unlawful to deposit lead acid batteries in a solid waste disposal facility in West Virginia. Spent lead acid batteries must be delivered to an automotive battery dealer, or wholesaler, a secondary lead smelter permitted by the United States Environmental Protection Agency (USEPA), or a collection or recycling facility authorized under the hazardous waste laws of the State of West Virginia, or other jurisdiction.3.2. Disposal by Dealers. -- No lead acid battery dealer shall dispose of a spent lead acid battery except by delivery to a secondary lead smelter permitted by the USEPA, or to the agent of a battery manufacturer or wholesaler for delivery to a secondary lead smelter permitted by the USEPA, or to a collection or recycling facility authorized under the laws of the State of West Virginia or laws of the state where the collection or recycling facility is located.3.3. Collection for Recycling and Public Notice Requirements. -- Any person selling or offering lead acid batteries for sale at retail or wholesale shall: 3.3.a. Accept, at the point of transfer, spent lead acid batteries from customers when purchases new batteries. It is not necessary to exchange a battery in order to purchase a new one.3.3.b. Post written notices on at least 8 1/2 inch by 11 inch poster clearly visible to all customers and containing the universal recycling symbol and the following language: 3.3.a.1. AIt is unlawful to dispose of a lead acid battery in a W. Va. landfill.3.3.a.2. Please RECYCLE your used batteries.3.3.a.3. State rules require us to accept used or spent lead acid batteries for recycling in exchange for new batteries purchased from the dealer. Note: It is not necessary to exchange a used battery in order to purchase a new one.@3.4. Dealer's Reporting Requirements. -- Lead acid batteries shall be collected, recycled, or disposed of in a lawful manner, and records of such collection, recycling or disposal shall be kept on file at the facility for a period of not less than three (3) years for inspection.3.5. Inspection of Automotive Battery Dealers. -- Authorized agents of the Division of Environmental Protection may at reasonable times or during normal business hours inspect any lead acid battery storage facility governed by these rules.3.6. Storage. -- New lead acid batteries and spent lead acid batteries shall be stored in compliance with all local, state and federal regulations to prevent contamination or injury from acid spillage or leakage.3.7. Public Information and Education. -- The Division of Natural Resources' ARecycling Program@ shall prepare a list of the names and locations of buy-back centers in West Virginia who will accept spent lead acid batteries; this list shall be disseminated by the DNR Recycling Program to the Solid Waste Management Board, lead acid battery dealers, the Division of Environmental Protection, and all county or regional solid waste authorities.